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july 2001

Supreme Court of India · 2001-07-20

Vishwambhar & Ors vs Laxminarayan (Dead) Through

Citation / case number
AIR 2001 SUPREME COURT 2607
Court
Supreme Court of India
Petitioner
Vishwambhar & Ors
Respondent
Laxminarayan (Dead) Through
Author
D.P. Mohapatra
Bench
D.P. Mohapatra, Doraiswamy Raju

Judgment text excerpt

The Supreme Court held that the sale deeds executed by Laxmibai, the mother and natural guardian of minors, were void ab initio due to non-compliance with Section 8 of the Hindu Minority and Guardianship Act, 1956, which requires court permission for such transactions. The Court emphasized that the absence of legal necessity and court sanction renders the transfers invalid and not binding on the minors' rights. Consequently, the Court decreed the suit in favor of the plaintiffs, allowing them to recover possession of their share of the ancestral property.

Vishwambhar & Ors vs Laxminarayan (Dead) Through · Niyam